Legal Opinion

Berger v. Purolator Products, Inc.

District Court, S.D. New York

Decided November 1, 1966No. Nos. 63 Civ. 3305, 64 Civ. 331PublishedCited by 32 opinions

1Opinion of the Court

FREDERICK van PELT BRYAN, District Judge:

This is a motion by plaintiffs, in which defendants join, for “directions” regarding a proposed compromise of this consolidated action. The issue to be determined by the court is whether the consolidated action is maintainable as a class action under new Rule 23 of the Federal Rules of Civil Procedure, effective July 1, 1966. If it is not so maintainable, the compromise does not require approval by the court. Rule 23(e), F.R.C.P.

Both of the actions which have been consolidated were commenced in November, 1963; the Berger action in this court and the…

2Cited by32 opinions

Eisen v. Carlisle & JacquelinCourt of Appeals for the Second Circuit · 1968
Dolgow v. AndersonDistrict Court, E.D. New York · 1968
Mersay v. First Republic Corp. of AmericaDistrict Court, S.D. New York · 1968
Korn v. Franchard Corp.Court of Appeals for the Second Circuit · 1972
Richard Dorfmann, T/a Tenth Street Limited Partnership v. Russell B. BoozerCourt of Appeals for the Tenth Circuit · 1969

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